Cap1 & CCA return

[Having_A_Knightmare]

However as some judges have creditor sympathies you will have to argue that forcibly in your pleading & even be prepared to appeal if necessary

 

Jon its a poor do when the judges are feeling sorry for the creditor

 

HAK

[shane5408]

Jon its a poor do when the judges are feeling sorry for the creditor

 

HAK

Hi HAK,

 

At the end of the day it all comes down to the judges interpretation and unfortunately his personal views could affect that. Personally this is one of the reasons why I feel restitution of all monies ever paid can never succeed, (not to mention the Wilson ruling finding it would be unjust enrichement for the debtor)

 

 

 

 

 

regards,

shane

[car2403]

The only thing you can do is ask for leave to appeal if the Judge disagrees with you - no Judge wants his opinion questioned in an appeals process.

 

Having said that, you aren't guaranteed leave to appeal - as that is usually within the Judges discretion as well!

[spiritgirl59]

The court cannot make an order if there is no 'signed' properly executed agreement. Otherwise as has already been said by another poster the terms of their agreement could include their right to your 1st born

 

However as some judges have creditor sympathies you will have to argue that forcibly in your pleading & even be prepared to appeal if necessary

 

Hiya joncris & all

 

Just popping into this wonderful thread, which I have been following for ages now, to ask for a wee bit of moral support Lloyds TSB solicitors have today issued a claim against me in the Northampton County Court (bulk centre) relating to a debt which I have been disputing since the spring. They have failed to provide me with a CCA agreement in any shape or form, have totally ignored my CCA request in fact, and the first I have heard back from them is this claim received today. I have filed my AOS on line and indicated that I fully intend to defend this claim. I've asked for help with the POC over on my own thread :

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81224-spiritgirl-various-dcas-24.html

 

but having read Shane's post about the possibility of a judge siding with a creditor, I am now having kittens and forsee some sleepless nights.

 

I honestly believed that if there was no agreement then this is a complete Defence??? You'll see in my POC that I have argued this fact right through, but does this mean I could still get a judgement against me at the end of the day guys?? Please can anyone help me (on my thread if possible as I don't want to continue to hijack this one).

 

Many thanks in advance:)

 

Love Spiritgirl x

[shane5408]

but having read Shane's post about the possibility of a judge siding with a creditor, I am now having kittens and forsee some sleepless nights

 

Hi,

 

please don't worry about that to much, I was mainly referring to a situation where a debtor was attempting to claim back all monies ever paid as a result of a non compliant agreement.

 

In your situation the lack of an agreement is a complete defence to any enforcement order

 

kind regards,

shane

[Having_A_Knightmare]

Having said that, you aren't guaranteed leave to appeal - as that is usually within the Judges discretion as well!

 

Surley if a judge goes against S127 you will get a guaranteed an appeal

[shane5408]

Surley if a judge goes against S127 you will get a guaranteed an appeal

 

 

HAK,

 

I believe Chris was referring to the s59(1) / unexecuted argument which has, to the best of my knowledge not been tested in court yet.

 

127(3) is irrefutably more clear

 

regards,

shane

[Having_A_Knightmare]

No Probs Shane

 

This thread is that long it would take weeks to back track:D

 

Going to write my third letter tonight about the the unreadable barclaycard application. Have you got any good ideas to put in it???

 

HAK

[shane5408]

No Probs Shane

 

This thread is that long it would take weeks to back track:D

 

Going to write my third letter tonight about the the unreadable barclaycard application. Have you got any good ideas to put in it???

 

HAK

 

no worries, I'll have a look over your thread later on this evening

 

kind regards,

shane

[Scrappy01]

No Probs Shane

 

This thread is that long it would take weeks to back track:D

 

Going to write my third letter tonight about the the unreadable barclaycard application. Have you got any good ideas to put in it???

 

HAK

 

Hi HAK

 

Who are you dealing with at BarclayCard?

[Josie8]

Surley if a judge goes against S127 you will get a guaranteed an appeal

 

 

yes as its a point of law

[Jeff2000]

Quote:

Originally Posted by Having_A_Knightmare

Surley if a judge goes against S127 you will get a guaranteed an appeal

 

 

yes as its a point of law

 

 

Hi,

 

 

Precisely!

 

And if you still weren't given right to appeal. This would then be an error on a point of law by the judge. You should then apply to have the judgement set aside.

 

 

Jeff.

[Having_A_Knightmare]

Who are you dealing with at BarclayCard?

 

Some one in Court Orders and Disclosures

[Scrappy01]

Some one in Court Orders and Disclosures

 

Ok mine is still with the legal department. I'll let you know if I get anywhere with the legibility thing.....

[Having_A_Knightmare]

just another quicky

 

Anybody know what the max fine is for non compliance wirth a s78(1) and the said prison setance.

 

HAK

[tifo]

just another quicky

 

Anybody know what the max fine is for non compliance wirth a s78(1) and the said prison setance.

 

HAK

 

Most likely nothing at all.

 

Its up to the OFT/Trading Standards to bring a prosecution under the Enterprise Act and they are unlikely to.

 

I don't think any bank/DCA has been fined or persons sentenced.

[shane5408]

It comes under level 4 on the Financial scale under the criminal justice act which means a fine of up to £2,500 or up to 6 months in jail. However TS will never prosecute fully

 

regards,

shane

 

 

_______________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

[Having_A_Knightmare]

Hi Tifo

 

i know they will neve do it but it for a letter i am writing at the moment.

 

Just want to prove i know what I am talking about

 

HAK

[Having_A_Knightmare]

It comes under level 4 on the Financial scale under the criminal justice act which means a fine of up to £2,500 or up to 6 months in jail. However TS will never proescute fully

 

regards,

shane

 

 

 

_______________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

 

Cheers mate I will Post letter in a min

 

HAK

[Having_A_Knightmare]

Another letter to marlin the clowns:::

 

am writing regarding your letter dated xx November 2007.

You ask why the account is in dispute. This information was stated in the previous letter sent on the xx October 2007. To refresh your records I will explain why the account is in dispute.

I requested a copy of my credit agreement from Metropolitan Collection Services. They failed to send this to me and under section 78(1) of the Consumer Credit Act 1974 they have now committed a criminal offence.

You are now breaking the law by trying to collect a debt that is in default under section 78(1) of the Consumer Credit Act 1974. This is a very serious offence that is reportable to FOS, OFT and Trading Standards. If found guilty carries a level four fine of up to £2500 and a custodial prison sentence of up to six months.

You will also be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. If found guilty OFT could cease your credit license.

I am now asking you to return the case to the original collector as the account is in default. If you fail to do so I will send all the correspondence to Trading Standards so they can start litigation.

Again please treat this letter as an official complaint and pass this on to your complaints department at the same address.

[davefirewalker]

HAK,

 

I believe Chris was referring to the s59(1) / unexecuted argument which has, to the best of my knowledge not been tested in court yet.

 

127(3) is irrefutably more clear

 

regards,

shane

 

Hi guys......

 

Daves back again

 

I'm certainly going to test the water with my claim, and i feel more than a good chance of winning.

 

for those of you who know me, will also know I'm deadly serious about this

 

rgds

 

Dave

[Having_A_Knightmare]

Dave

 

Whens the Court case

[davefirewalker]

I havent put the n1 in yet...was going to do it yesterday but got delayed.

 

wont be able to get to the courts now until friday

 

rgds

 

Dave

[Having_A_Knightmare]

dave

have you got a thread

 

hak

[davefirewalker]

dave

have you got a thread

 

hak

 

HAVE I GOT A THREAD.......?

 

 

:)

 

oh yes

 

http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html

 

 

Dave